Legal Definitions - interested person

An "interested person" in a legal context refers to an individual or entity that has a direct and legally recognized stake, right, or claim in a particular legal matter, proceeding, or document. Because their rights, property, or other legal interests could be directly affected by the outcome or contents, they typically have the right to receive notice, participate, or be heard in that matter.

Here are some examples to illustrate this concept:

• Example 1: Estate and Probate Proceedings

  Imagine a situation where a person passes away, and their last will and testament is submitted to a probate court for validation and the distribution of assets. The deceased person's adult child, who is named as a beneficiary in the will, would be considered an interested person.

  Explanation: The adult child has a direct legal interest in the probate proceedings because the court's decisions regarding the will's validity, the interpretation of its terms, or the distribution of the estate's assets will directly impact their inheritance rights. As an interested person, they have the right to receive notice of the proceedings and may participate to protect their share of the estate.

• Example 2: Land Use and Zoning Decisions

  Consider a scenario where a developer applies to a local planning commission for a zoning variance to build a large apartment complex on a vacant lot. A homeowner whose property directly borders this vacant lot would be an interested person in the zoning application.

  Explanation: The homeowner's property value, quality of life (e.g., increased traffic, noise, changes in light or privacy), and enjoyment of their home could be directly affected by the proposed development and the zoning change. Because their legal rights related to their property might be impacted, they have a right to receive notice of public hearings and to present their views or concerns to the planning commission before a decision is made.

• Example 3: Guardianship Proceedings

  Suppose an elderly individual becomes incapacitated due to illness and a petition is filed in court to appoint a legal guardian to manage their personal care and financial affairs. The incapacitated individual's sibling, who has a close relationship and a vested concern for their welfare, would be an interested person.

  Explanation: The sibling has a direct and legitimate interest in the guardianship proceedings because the court's decision on who will serve as guardian and the scope of their powers will profoundly affect their incapacitated brother or sister's life, well-being, and assets. As an interested person, the sibling typically has the right to be notified of the proceedings and may offer input to the court regarding the most suitable guardian or the best interests of their sibling.